75H70519Q00063.pdf

75H70519Q00063

1. REQUEST NO.

5a. ISSUED BY

NAME

a. NAME

c. STREET ADDRESS

d. CITY

10. PLEASE FURNISH QUOTATIONS TO

THE ISSUING OFFICE IN BLOCK 5a ON

OR BEFORE CLOSE OF BUSINESS (Date)

2. DATE ISSUED 3. REQUISITION/PURCHASE REQUEST NO. 4. CERT. FOR NAT. DEF.

UNDER BDSA REG. 2

AND/OR DMS REG.1

RATING

6. DELIVERY BY (Date)

7. DELIVERY

9. DESTINATION

a. NAME OF CONSIGNEE

b. STREET ADDRESS

PAGE OF PAGES

5b. FOR INFORMATION CALL: (No collect calls)

TELEPHONE NUMBER

AREA CODE NUMBER

8. TO:

b. COMPANY

e. STATE f. ZIP CODE

c. CITY

d. STATE e. ZIP CODE

IMPORTANT: This is a request for information, and quotations furnished are not offers. If you are unable to quote, please so indicate on this form and return it to the address in Block 5a. This request does not commit the Government to pay any costs incurred in the preparation of the submission of this quotation or to contract for supplies or services. Supplies are of domestic origin unless otherwise indicated by quoter. Any representations and/or certifications attached to this Request for Quotations must be completed by the quoter.

11. SCHEDULE (Include applicable Federal, State and local taxes)

THIS RFQ

REQUEST FOR QUOTATION

(THIS IS NOT AN ORDER)

IS IS NOT A SMALL BUSINESS SET ASIDEX

09/11/2019 IHS1375437

1 24

522 Minnesota Ave NW Bemidji MN 56601

Indian Health Service 09/22/2020

WHITE EARTH HEALTH CENTER

Indian Health Service

40520 CO HWY 34

OGEMA MN 56569

OGEMA

MN 56569

218 444-0482LEAH AZURE

09/18/2019 1400 ET

FOB DESTINATION

OTHER

(See Schedule)X

ITEM NO.

(a)

SUPPLIES/SERVICES

(b)

QUANTITY

(c)

UNIT

(d)

UNIT PRICE

(e)

AMOUNT

(f)

By signing this form, SF-18, the prospective Contractor hereby certifies that he/she has read the solicitation in its entirety, has had the opportunity to ask questions, understands, and accepts all terms & conditions stated herein.

Should an award result from this solicitation, the prospective Contractor agrees to incorporate all terms & conditions or its equivalent into subcontract agreements to ensure full compliance by subcontract service provider(s).

Continued ...

12. DISCOUNT FOR PROMPT PAYMENT

a. 10 CALENDAR DAYS (%) b. 20 CALENDAR DAYS (%) c. 30 CALENDAR DAYS (%) d. CALENDAR DAYS

NUMBER PERCENTAGE

NOTE: Additional provisions and representations

13. NAME AND ADDRESS OF QUOTER

b. STREET ADDRESS

c. COUNTY

d. CITY e. STATE f. ZIP CODE

14. SIGNATURE OF PERSON AUTHORIZED TO

SIGN QUOTATION

16. SIGNER

a. NAME (Type or print)

c. TITLE (Type or print)

a. NAME OF QUOTER

AREA CODE

NUMBER

15. DATE OF QUOTATION

b. TELEPHONE are are not attached

AUTHORIZED FOR LOCAL REPRODUCTION

Previous edition not usable

STANDARD FORM 18 (REV. 6-95)

Prescribed by GSA - FAR (48 CFR) 53.215-1(a)

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

NAME OF OFFEROR OR CONTRACTOR

2 24

CONTINUATION SHEET

REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF

(A) (B) (C) (D) (E) (F)

75H70519Q00063

Period of Performance: 09/23/2019 to 09/22/2024

1 Biomedical Waste Collection & Disposal.

Base plus 4 option years.

Delivery: 09/22/2020

This is a combined synopsis/solicitation for commercial items prepared in accordance FAR Part

13, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC)

2019-05/08-13-2019.

Set-aside: Unrestricted

While this RFQ is unrestricted & all offers will be considered, preference for award shall go to qualified small business SDVOSB or HUBZone in attempt to meet small business goals.

NAICS: 562112 - Hazardous Waste Collection.

Size Standard: $38.5 in millions of dollar.

Contract Type: Firm Fixed Price

The prospective Contractor shall submit the following information with the quotation:

[1] Standard Form-18: Complete in full, sign, and date.

[2] Pricing: base year plus 4 option years.

[3] Company Dun & Bradstreet number.

[4] Company Tax ID number.

[5] Provisions: shall be completed in full unless already complete in the company SAM registration.

**Offers that are missing the requested information shall be deemed nonresponsive and removed from further consideration**

NSN 7540-01-152-8067 OPTIONAL FORM 336 (4-86)

SECTION A - PURPOSE OF CONTRACT

The purpose of this contract is to provide weekly biomedical waste collection, transportation, and disposal services at the Indian Health Service White Earth Health Center (WEHC) and Naytahwaush Health Clinic (NHC) in Minnesota.

SECTION B - SCOPE OF WORK

1. Major Duties

Contractor shall possess the knowledge, skills and ability to perform biomedical waste collection, transportation, and disposal service. Services may include but are not limited to the following:

Contractor will provide service on a weekly basis at the White Earth Health Center.

Contractor shall provide service on a monthly basis at the Naytahwaush Health Clinic.

Contractor will provide 30 gallon, 4 cubic feet, biomedical waste containers and heavy duty red biomedical bags that fit each receptacle at the WEHC and NHC as part of the service.

Six (6) containers shall be placed at White Earth Health Center.

Four (4) containers shall be placed at Naytahwaush Health Clinic.

The facility will properly and lawfully package and store the biomedical waste in the containers supplied by the contractor.

The Government will furnish a fenced/locked area to which only authorized personnel have access.

The contractor will be provided a key for each fenced/locked storage facility. The contractor will be responsible for care of the keys. If a key is misplaced and/or lost by the contractor of its employees, the contractor will be responsible for payment of the cost for re-keying storage facilities and reproduction of new keys.

The contractor may decline to accept for collection, transportation, treatment and/or disposal, any biomedical waste which, in the contractor’s judgement, it cannot treat or dispose of in a lawful manner or without risk of harm to public health or the environment.

Improperly packaged, leaking, overweight or damaged containers may be rejected. The contractor may decline wet or leaking containers. Off specification charges are not allowed.

Contractor will obtain all necessary permits, licenses, zoning, and other federal, state, or local authorizations required for performing services relating to this agreement and make copies available of such available upon request.

Contractor is responsible for all fees assessed relating to the service provided. Such fees may include but not limited to Hazardous Waste/Landfill surcharges and Non-Resident waste fees.

Contractor will be authorized to perform the work under this contract only during the time outlined below. Contractor will not be authorized to perform services at any other times unless it is specifically requested sufficiently in advance of the off-hour visit.

Contractor will submit to the COR or his/her designee, the manifest and history documentation of trips. All biomedical waste collected will be scanned on site and a copy of the manifest stating the date collected, pounds of biomedical waste, per cart, and the number of carts must be left with the COR or designee on the day of collection. The contractor is required to provide a signed and legible manifest attesting to the destruction of the biomedical waste to the COR or designee within 30 days of the destruction of the biomedical waste.

Spills be the contractor will be cleaned up immediately. Spills by the contractor will be reported to the COR at the time of the occurrence.

Contractor shall be registered with the Minnesota Pollution Control Agency as an Infection Waste Commercial Transporter.

The Contractor will provide all equipment necessary to provide services identified.

Contractor’s personnel may be required to perform work under potentially hazardous conditions. Contractor’s personnel will be informed of potentially hazardous situations by contractor and trained by contractor in techniques required to recognize and deal with potentially hazardous situations in a manner which will minimize personal risk and required to adhere to standard techniques for personal protection.

Physical effort is involved in opening gates and locks and lifting biomedical waste into and out of vehicle(s).

Contractor will provide a certificate of liability insurance in the event of suit or suits brought against contractor as a result of services and/or physical acts performed by contractor in IHS Health Care Facilities. The minimum liability insurance deemed adequate is in the amount of one million dollars coverage per act or suit. This does not limit the contractor from carrying additional coverage. Failure of contractor to maintain continuous liability insurance coverage will be deemed grounds for immediate termination of this procurement for the convenience of the Government.

2. Hours of Operation:

Service shall be provided Monday through Friday between the hours of 7:00am to 6:30pm.

Scheduled work days shall exclude all federal holidays.

3. Service Location:

White Earth Health

Center 40520 Co Hwy 34

Ogema, MN 56569

Naytahwaush Health Center

238 Church Street

Naytaywaush, MN 56566

SECTION C – ADMINISTRATIVE DATA

1. Contract Type: Firm Fixed Price

2. Period of Performance:

Performance shall be for a period of three (3) months from date of award.

At the discretion of the Government this contract may be extended not to exceed six (6) additional months in accordance with FAR 52.217-8, Option to Extend Services.

3. Method of Payment

a. Payment for services shall be made in arrears.

b. Electronic Funds Transfer (EFT) shall be utilized as the method for processing payment.

c. The Contractor’s rate identified for services described herein is considered to be an all-inclusive rate. All-inclusive is defined to include the cost of days worked paid for services, travel, lodging per diem expenses, liability insurance, and all other fees necessary to provide service.

4. Cost/Pricing

The quantities below are considered estimated based on the number of tubs requested for each location. The Government does not guarantee that all quantities will be used and is hereby providing our best estimate of maximum possible usage.

YEAR DESCRIPTION PERIOD OF PERFORMANCE QUANTITY UNIT OF ISSUE UNIT PRICE TOTAL

BASE YEAR WEHC 2019‐2020 / 12 MONTHS 312 TUB

NHC 2019‐2020 / 12 MONTHS 48 TUB

OPTION YEAR 1 WEHC 2020‐2021 / 12 MONTHS 312 TUB

NHC 2020‐2021 / 12 MONTHS 48 TUB

OPTION YEAR 2 WEHC 2021‐2022 / 12 MONTHS 312 TUB

NHC 2021‐2022 / 12 MONTHS 48 TUB

OPTION YEAR 3 WEHC 2022‐2023 / 12 MONTHS 312 TUB

NHC 2022‐2023 / 12 MONTHS 48 TUB

OPTION YEAR 4 WEHC 2023‐2024 / 12 MONTHS 312 TUB

NHC 2023‐2024 / 12 MONTHS 48 TUB

5. Invoice Instructions

The Contractor shall prepare and submit invoices to the designated billing office specified in the contract. A proper invoice must include the items listed below. If the invoice does not comply with these requirements, the designated billing office will return the invoice within 7 days after receipt with the reasons why it is not a proper invoice. The Government will take into account untimely notification when computing any interest penalty owed the Contractor.

a. Name and address of the Contractor;

b. Invoice date and invoice number. (The Contractor should date invoices as close as possible to the date of the mailing or transmission.);

c. Contract number or other authorization for supplies delivered or services performed (including order number and line item number);

d. Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed;

e. Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading;

f. Name and address of Contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment);

g. Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice;

h. Taxpayer Identification Number (TIN); *

i. Dun & Bradstreet Number (DUNS). * *Shall be the same numbers used to create the company www.sam.gov registration*

SECTION D – POINTS OF CONTACT

Contracting Officer Representative:

Contracting Officer’s Representative (COR) with respect to technical matters within the scope of the contractual instrument referenced is authorized to act on behalf of the Contracting Officer in all matters related to the monitoring and oversight of the technical and programmatic aspects of the contract, subject to the limitations set forth in his/her appointment.

The appointment specifically authorizes the COR to perform the following duties:

• Serve as the primary liaison between the contractor and the Contracting Officer;

• Monitor and evaluate the contractor’s performance and make timely reports of your findings to the Contracting Officer;

• Inspect and evaluate products (including reports and drafts) and services delivered by the contractor, and make recommendations to the Contracting Officer regarding their acceptability;

• Review and approve/reject contractor’s invoices (fixed-price contracts) or vouchers (cost-reimbursement type contracts);

• Monitor the contractor’s use of key personnel and notify the Contracting Officer of any changes in key personnel proposed by the contractor;

• Review the qualifications of proposed subcontractors and the appropriateness of subcontracting contract work, and make recommendations to the Contracting Officer regarding consent to the placement of subcontracts;

• Provide the contractor with, monitor the use of, and report on Government-furnished property;

• Provide technical guidance to the contractor;

• Promptly notify the Contracting Officer immediately of any:

- Actual or potential contractor performance problems;

- Action or inaction by HHS StaffDiv/OPDIV personnel that may affect the contractor’s ability to perform; and

- Inappropriate action on the part of HHS StaffDiv/OPDIV personnel with regard to the contract (e.g., any action that creates a conflict of interest on the part of the contractor or causes the contractor to perform inherently governmental functions). The COR should concurrently notify the program office of any such action.

• As requested by the Contracting Officer, provide him/her with technical assistance on contract-related matters (e.g., disputes, settlements, litigation, patent and copyright issues, final payment during closeout, etc.);

• Provide timely reports on contractor performance to the Contracting Officer and other interested parties; and

• Ensure proper distribution of final products and other information resulting from the contract.

The COR does not have authorization to take any action that requires a Contracting Officer’s warrant, including:

• Changing any of the contract’s terms and conditions;

• Directing the contractor to perform work or make deliveries not specifically required under the contract;

• Waiving or relaxing, in any way, the Government’s rights with regard to the Contractor’s compliance with the specifications, price, delivery or any other terms or conditions of the contract; and,

• Making any commitments or approving any actions that would create any financial obligation on the part of the Government.

Contract Administrator:

The role of the contract administrator is to assist or advise the Contracting Officer in post-award administration.

Such activities include but are not limited to the following duties:

Processing disputes under the Disputes clause and any resultant appeals;

Modifying or terminating the contract; and Determining the allowability of: costs charged, and progress payments under fixed price contracts.

SERVICE CONTRACT ACT WAGE RATES

1 | 3

"REGISTER OF WAGE DETERMINATIONS UNDER | U.S. DEPARTMENT OF LABOR

THE SERVICE CONTRACT ACT | EMPLOYMENT STANDARDS ADMINISTRATION

By direction of the Secretary of Labor | WAGE AND HOUR DIVISION

| WASHINGTON D.C. 20210

| Wage Determination No.: 2015-4955 Daniel W. Simms Division of | Revision No.: 11 Director Wage Determinations| Date Of Last Revision: 07/16/2019 Note: Under Executive Order (EO) 13658 an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2015. If this contract is covered by the EO the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination if it is higher) for all hours spent performing on the contract in calendar year 2019. The EO minimum wage rate will be adjusted annually.

Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

State: Minnesota Area: Minnesota Counties of Becker Beltrami Cass Clearwater Crow Wing Hubbard Kittson Lake of The Woo Mahnomen Marshall Norman Otter Tail Pennington Red Lake Roseau Wadena Wilkin

**Fringe Benefits Required Follow the Occupational Listing**

OCCUPATION CODE - TITLE FOOTNOTE RATE

31000 - Transportation/Mobile Equipment Operation Occupations 31361 - Truckdriver Light 16.55 31362 - Truckdriver Medium 17.64 31363 - Truckdriver Heavy 20.05 31364 - Truckdriver Tractor-Trailer 20.05 99000 - Miscellaneous Occupations 99710 - Recycling Laborer 19.91 99711 - Recycling Specialist 23.23 99730 - Refuse Collector 18.24

Note: Executive Order (EO) 13706 Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Service Contract Act for which the contract is awarded (and any solicitation was issued) on or after January 1 2017. If this contract is covered by the EO the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness injury or other health-related needs including preventive care; to assist a family member (or person who is like family to the employee) who is ill injured or has other health-related needs including preventive care; or for reasons resulting from or to assist a family member (or person who is like family to the employee) who is the victim of domestic violence sexual assault or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: $4.54 per hour up to 40 hours per week or $181.60 per week or $786.93 per month HEALTH & WELFARE EO 13706: $4.22 per hour up to 40 hours per week or $168.80 per week or $731.47 per month* *This rate is to be used only when compensating employees for performance on an SCA-covered contract also covered by EO 13706 Establishing Paid Sick Leave for Federal Contractors. A contractor may not receive credit toward its SCA obligations for any paid sick leave provided pursuant to EO 13706.

VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor 3 weeks after 5 years and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor wherever employed and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of eleven paid holidays per year: New Year's Day Martin Luther King Jr's Birthday Washington's Birthday Good Friday Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day and Christmas Day. A contractor may substitute for any of the named holidays another

2 | 3 day off with pay in accordance with a plan communicated to the employees involved.)

(See 29 CFR 4.174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING:

1) COMPUTER EMPLOYEES: Under the SCA at section 8(b) this wage determination does not apply to any employee who individually qualifies as a bona fide executive administrative or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analysts and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals (29 C.F.R. 541.

400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination.

Additionally because job titles vary widely and change quickly in the computer industry job titles are not determinative of the application of the computer professional exemption. Therefore the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of:

(1) The application of systems analysis techniques and procedures including consulting with users to determine hardware software or system functional specifications

(2) The design development documentation analysis creation testing or modification of computer systems or programs including prototypes based on and related to user or system design specifications;

(3) The design documentation testing creation or modification of computer programs related to machine operating systems; or

(4) A combination of the aforementioned duties the performance of which requires the same level of skills. (29 C.F.R. 541.400).

2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as part of a regular tour of duty you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am.

If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime (i.e. occasional work on Sunday outside the normal tour of duty is considered overtime work).

** HAZARDOUS PAY DIFFERENTIAL **

An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordnance explosives and incendiary materials. This includes work such as screening blending dying mixing and pressing of sensitive ordnance explosives and pyrotechnic compositions such as lead azide black powder and photoflash powder.

All dry-house activities involving propellants or explosives. Demilitarization modification renovation demolition and maintenance operations on sensitive ordnance explosives and incendiary materials. All operations involving re-grading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with or in close proximity to ordnance (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands face or arms of the employee engaged in the operation irritation of the skin minor burns and the like;

minimal damage to immediate or adjacent work area or equipment being used. All operations involving unloading storage and hauling of ordnance explosive and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordnance explosives and incendiary material differential pay.

** UNIFORM ALLOWANCE **

If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract by the employer by the state or local law etc.) the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance:

The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition where uniform cleaning and maintenance is made

3 | 3 the responsibility of the employee all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount or the furnishing of contrary affirmative proof as to the actual cost) reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However in those instances where the uniforms furnished are made of ""wash and wear"" materials may be routinely washed and dried with other personal garments and do not require any special treatment such as dry cleaning daily washing or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract by the contractor by law or by the nature of the work there is no requirement that employees be reimbursed for uniform maintenance costs.

** SERVICE CONTRACT ACT DIRECTORY OF OCCUPATIONS **

The duties of employees under job titles listed are those described in the ""Service Contract Act Directory of Occupations"" Fifth Edition (Revision 1) dated September 2015 unless otherwise indicated.

** REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE Standard Form 1444 (SF-1444) ** Conformance Process:

The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e. the work to be performed is not performed by any classification listed in the wage determination) be classified by the contractor so as to provide a reasonable relationship (i.e. appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination (See 29 CFR 4.6(b)(2)(i)). Such conforming procedures shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees (See 29 CFR 4.6(b)(2)(ii)). The Wage and Hour Division shall make a final determination of conformed classification wage rate and/or fringe benefits which shall be paid to all employees performing in the classification from the first day of work on which contract work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or fully determined by the Wage and Hour Division retroactive to the date such class of employees commenced contract work shall be a violation of the Act and this contract. (See 29 CFR 4.6(b)(2)(v)). When multiple wage determinations are included in a contract a separate SF-1444 should be prepared for each wage determination to which a class(es) is to be conformed.

The process for preparing a conformance request is as follows:

1) When preparing the bid the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s).

2) After contract award the contractor prepares a written report listing in order the proposed classification title(s) a Federal grade equivalency (FGE) for each proposed classification(s) job description(s) and rationale for proposed wage rate(s) including information regarding the agreement or disagreement of the authorized representative of the employees involved or where there is no authorized representative the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work.

3) The contracting officer reviews the proposed action and promptly submits a report of the action together with the agency's recommendations and pertinent information including the position of the contractor and the employees to the U.S.

Department of Labor Wage and Hour Division for review (See 29 CFR 4.6(b)(2)(ii)).

4) Within 30 days of receipt the Wage and Hour Division approves modifies or disapproves the action via transmittal to the agency contracting officer or notifies the contracting officer that additional time will be required to process the request.

5) The contracting officer transmits the Wage and Hour Division's decision to the contractor.

6) Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination (See 29 CFR 4.6(b)(2)(iii)).

Information required by the Regulations must be submitted on SF-1444 or bond paper.

When preparing a conformance request the ""Service Contract Act Directory of Occupations"" should be used to compare job definitions to ensure that duties requested are not performed by a classification already listed in the wage determination. Remember it is not the job title but the required tasks that determine whether a class is included in an established wage determination.

Conformances may not be used to artificially split combine or subdivide classifications listed in the wage determination (See 29 CFR 4.152(c)(1))."

ACQUISITION REGULATIONS ‐ CLAUSES

HEALTH & HUMAN SERVICES ACQUISTION REGULATION (HHSAR):

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.hhs.gov/policies/hhsar/subpart301- 1.html

352.222-70 Contractor Cooperation in Equal Employment Opportunity Investigations.

352.223-70 Safety and Health 352.226-1 Indian Preference.

352.226-2 Indian Preference Program.

352.237-70 Pro-Children Act.

352.237-74 Non-Discrimination in Service Delivery.

FEDERAL ACQUISITION REGULATIONS (FAR):

52.252-2 Clauses Incorporated by Reference.

This contract incorporates one or more clauses by reference, with same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: www.acquisition.gov

52.204-9 Personal Identity Verification of Contractor Personnel.

52.204-13 System for Award Management Maintenance (OCT 2018) 52.204-18 Commercial and Government Entity Code Maintenance. (JUL 2016) 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.204-21 Basic Safeguarding of Covered Contractor Information Systems. (JUN 2016) 52.209-10 Prohibition on Contracting with Inverted Domestic Corporations. (NOV 2015) 52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items). (AUG 2019) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving 52.232-18 Availability of Funds.

52.237-2 Protection of Government Buildings, Equipment, and Vegetation.

52.243-1 Changes-Fixed Price. Alternate II 52.247-21 Contractor Liability for Personal Injury and/or Property Damage

52.217-9 Option to Extend the Term of the Contract.

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 (years).

52.232-19 Availability of Funds for the Next Fiscal Year.

Funds are not presently available for performance under this contract beyond 09/30/2019. The Government’s obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond 09/30/2019, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

52.216-24 Limitation of Government Liability.

(a) In performing this contract, the Contractor is not authorized to make expenditures or incur obligations exceeding the award amount in dollars.

(b) The maximum amount for which the Government shall be liable if this contract is terminated is for services received and accepted in dollars.

ACQUISITION REGULATION - PROVISION

1 | 1 4

FEDERAL ACQUISITION REGULATION (FAR):

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:

www.acquisition.gov

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality

Agreements or Statements-Representation 52.204-7 System for Award Management.

52.204-16 Commercial and Government Entity Code Reporting.

52.204-17 Ownership or Control of Offeror.

52.204-22 Alternative Line Item Proposal.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities.

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations—Representation.

52.211-6 Brand Name or Equal.

52.212-1 Instructions to Offerors—Commercial Items.

52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or

Transactions Relating to Iran—Representation and Certifications.

52.204-20 Predecessor of Offeror.

(a) Definitions. As used in this provision– “Commercial and Government Entity (CAGE) code” means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ________ (or mark “Unknown”) Predecessor legal name: _________________________ (Do not use a “doing business as” name) (End of provision)

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

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(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Items.

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website located at https://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (u) of this provision.

(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

“Manufactured end product” means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.

“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military

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L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education;

or

(6) Have been voluntarily suspended.

“Sensitive technology”—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

“Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

“Subsidiary” means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation.

“Veteran-owned small business concern” means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.

101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

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(2) The management and daily business operations of which are controlled by one or more veterans.

“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.

“Women-owned small business concern” means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (t) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is,

□ is not a women-owned small business concern.

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(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—

(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is…